COLLIERIES BY A DEAN AND CHAPTER. for the residue of the term; -the rents to be paid whe ther these numbers of tons be and every year during the last seven years of the said term, Unto the said Dean and Chapter, and their successors or assigns, at the place aforesaid, the certain clear yearly rent or sum of £200, for the yearly number or quantity of one hundred and sixty tons of coals (c): THE SAID yearly rents or sums to be payabe, whether such respective yearly numbers or quantities of one hundred and fifty tons and one hundred and sixty tons shall or shall not be yearly won, wrought, and gotten, in, forth, and out of, and be led and carried away from the said collieries, and to be paid in equal portions, on the 25th day of March and the 28th Reddendum of day of September in every year: AND ALSO YIELDING AND gotten or not; and by halfyearly pay ments. a tonnage rent for each ton exceeding the fixed number during the first part of the term; and similarly during the last part of the term. Abolition of local and cus and measures. PAYING unto the said Dean and Chapter, and their successors or assigns, at the place aforesaid, over and above the said certain yearly rent or sum of £100, during the first fourteen years of the said term of twenty-one years, the further rent or sum of 21s. for every ton of coals (except as hereinafter mentioned) which shall yearly during such fourteen years be won and wrought from and out of the said collieries, over and exceeding the said yearly number of one hundred and fifty tons, and so in proportion for a less quantity than a ton: AND ALSO YIELDING AND PAYING unto the said Dean and Chapter, and their successors or assigns, at the place aforesaid, over and above the said certain yearly rent or sum of £200, during the said last seven years of the said term of twenty-one years, the further rent or sum of 25s. for every ton of coals (except as hereinafter mentioned) which shall yearly, during such seven years, be won and wrought from and out of the said collieries, over and exceeding the said yearly number of one hundred and sixty tons, and so in proportion for a less (c) In the original lease there followed in this place, "reckoning and accounting each ton to consist of four hundred and thirty-two tomary weights bolls, and each boll to contain thirty-six gallons, Winchester measure;" but now by the statute 4 & 5 Will. 4, c. 63, sect. 6, the Winchester bushel and all other local and customary measures have been abolished, and by sect. 9 of the same statute, coals are only to be sold by weight. By sect. 11, the ton must consist of twenty hundredweight imperial measure. COLLIERIES BY A DEAN AND CHAPTER. The tonnage rents to be paid of deduction. Power to dis carriages, &c. train the coals, quantity than a ton: THE SAID respective tonnage rents to be paid yearly, on the 28th day of September in each year, and in such manner as that at each yearly payment the whole of what such tonnage rents as aforesaid shall have amounted to during the year next preceding such day of yearly. payment shall be then paid: THE SAID certain yearly rents All the rents and the said tonnage rents to be paid free and clear of to be paid clear and from all existing and future taxes, charges, rates, assessments, impositions, payments, and outgoings whatsoever: PROVIDED ALWAYS, and it is hereby agreed and declared between and by the parties to these presents, that if the said several rents or sums of money hereby reserved and made payable, or any of them, or any part thereof respectively, shall be behind or unpaid by the space of forty days next after any of the said several days whereon the same ought to be respectively paid as aforesaid, then and in every such case it shall be lawful for the said Dean and Chapter, or their successors or assigns, not only to stop and hinder, either at the pit or pits of the said collieries, or in or upon any part of the aforesaid lands or grounds within the said township of —, all and every of the horses and other animals, carts, wains, waggons, and carriages whatsoever, and the persons leading and conducting the same from leading, carrying, and conveying all or any of the coals and cinders wrought or burnt, or to be wrought or burnt, from the same collieries, or any of them, or which shall have been brought to bank within or led over any of the same lands and grounds, but also to seize, distrain, sell, and dispose of all and every the coals and cinders wrought or burnt, and to be wrought or burnt, out of or at the same collieries, and then lying and being above ground upon the same lands or grounds, and all and singular the horses and other animals, carts, wains, waggons, engines, gins, implements, rollers, ropes, and other utensils and materials whatsoever, belonging to and used or provided for carrying on the said collieries, for payment and satisfaction of all such rents as shall be then due to the said Dean and Chapter, or their successors or assigns, together with the full costs and charges to be occasioned by every such distress and sale, rendering upon demand COLLIERIES BY A DEAN AND CHAPTER. Power of reentry. the overplus, if any, to the owner or owners of the cattle, goods, and chattels so to be distrained upon: PROVIDED ALSO, and it is hereby agreed and declared between and by the parties to these presents, that if the said yearly and other rents or sums of money, or any of them, or any part or parts thereof respectively, shall be behind or unpaid by the space of sixty days next after any of the said days or times whereon the same ought to be respectively paid as aforesaid, or if the said C. D., his executors, administrators, or assigns, shall, at any time during the said term hereby granted, assign or transfer to any person or persons whomsoever the said collieries and seams of coal, or any of them, or any part thereof respectively, or any of the liberties, powers, and authoritics, or other the premises herein before demised, or expressed and intended so to be, without the license of the said Dean and Chapter or their successors, under their common or chapter seal, or if the said C. D., his executors, administrators, or assigns, shall grant to any person or persons whomsoever any drift, water-gate or water-course, or permit or suffer any person or persons to make, have, or use any drift, water-gate or water-course, or other communication whatsoever, either from or into any part of the said collieries, or any of them, without such license as aforesaid, then and in every such case and thenceforth it shall be lawful for the said Dean and Chapter, and their successors and assigns, into and upon the said collieries and premises, or any of them, or any part thereof, in the name of the whole to re-enter, and the same thenceforth to have again, repossess, and enjoy as in their former estate, anything herein contained to the contrary thereof in anywise notwithstanding: PROif the quantity VIDED ALSO, and it is hereby further agreed and declared year fall short by and between the said parties to these presents, that if of the quantity, the said C. D., his executors, administrators, or assigns, shall not and do not, in any one or more of the first fourteen years of the said term hereby granted, win, work, and obtain, from, forth, and out of the said collieries, the full quantity of one hundred and fifty tons of coals, then and in such case, and so often as such deficiency shall happen, it shall be lawful for the said C. D., his executors, Proviso, that of coal in any for which a rent certain is pay able, the deficiency may be made up in the year, rent-free. succeeding COLLIERIES BY A DEAN AND CHAPTER. Coals for en gines and workmen to be used rent-free. administrators, and assigns, in the then next succeeding year after the year in which such deficiency shall happen, but not afterwards, in order to make up and supply every such deficiency, in the first place to win, work, lead, and carry away, sell and dispose, from, forth, and out of the said collieries, such quantity of coals as shall be equal to the quantity by which the coals won, worked, and obtained in the year next preceding shall have fallen short of the quantity of one hundred and fifty tons, without paying any further or other rents or sums of money for or in respect of the coals so to be wrought and gotten from time to time, for the making up and supplying of such deficiency: [Similar proviso as to a deficiency in any year of the last seven years of the term]: PROVIDED ALSO, and it is hereby agreed and declared between and by the said parties to these presents, that it shall be lawful for the said C. D., his executors, administrators, and assigns, at all times during the said term hereby granted, to take and use sucn quantities of coals to be wrought and gotten from and out of the said collieries, without paying any rent for the same, as shall be requisite for the fire or steam engines used, at or about the same collieries, and otherwise at the pit or pits, and by the agents and workmen to be employed in working and carrying on the same: AND THE SAID Covenants by C. D. doth hereby for himself, his heirs, executors, admin- the lessee for istrators, and assigns, covenant with the said Dean and rent; Chapter, their successors and assigns, in manner following: that is to say, that he the said C. D., his executors, administrators, or assigns, or some of them, shall and will pay or cause to be paid unto the said Dean and Chapter, and their successors or assigns, the said yearly rents of £100 and £200, and the said tonnage rents and sums of money hereinbefore reserved and made payable, on and at the days and place and in the manner hereinbefore mentioned for the payment thereof respectively, without any deduction or abatement whatsoever, according to the true intent and meaning of these presents: AND SHALL and will in every year during the said term, upon the several days on which the said certain yearly rents are appointed to be paid as aforesaid, pay or cause to be paid unto the payment of -and of compensation for damage; COLLIERIES BY A DEAN AND CHAPTER. &c.; -and not to assign without license; -or grant or suffer any communication to be made; said Dean and Chapter, or their successors or assigns, compensation for the damage and spoil of their lands and grounds situate within the said township of, or any part thereof, which shall be done or occasioned by or in the working of the said collieries, or in the exercise of the powers, liberties, and authorities hereinbefore granted, or -and of taxes, any of them: AND SHALL and will, from time to time and at all times during the said term hereby granted, pay and discharge all existing and future taxes, charges, rates, assessments, payments, impositions, and outgoings whatsoever, in respect of the said premises or any of them: AND ALSO, that he the said C. D., his executors, administrators, or assigns, shall not nor will, during the said term hereby granted, assign or transfer to any person or persons whomsoever the said collieries, seams of coal, liberties, powers, authorities, and premises hereby demised, or any of them, or any part thereof, without such license of the said Dean and Chapter or their successors as aforesaid: AND SHALL not and will not, at any time during the said term, grant to any person or persons any drifts, out-stroke, water-gates or water-courses, or make or use, license or suffer any person or persons to make or use, any drift, out-stroke, water-gate or water-courses, or other communication whatsoever, either from or into any part of the said collieries, without such license as last aforesaid: AND SHALL not and will not, at any time during the said term, lead or carry, or suffer to be led or carried, along any of the waggon-ways and railways, to be made and placed, by virtue of these presents, in or upon any of the said lands and grounds, any coals, cinders, lead, iron, stones, wood, or other things, from or to any other colliery, other than and except the collieries hereby demised, without such license as last aforesaid: AND ALSO, that he the said C. D., his executors, administrators, or assigns, shall and will keep separate and distinct accounts of the workings and leadings of and from each and every of the seams of the said collieries, and of the coals which shall be drawn to bank by the said C. D., his executors, administrators, or assigns, in the said lands and grounds, within the said township of and also shall and will in such accounts particularly -or permit the ways to be used for other collieries; -and to keep accounts of the coals worked; |